Re: MARY NATTA
And: ELAINE MARGARET CANHAM
No. ACT G46 of 1991
FED No. 712
Appeal - Evidence
104 ALR 143
(1991) 32 FCR 282
COURT
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY
GENERAL DIVISION
French(1), O'Loughlin(1) and Higgins(1) JJ.
CATCHWORDS
Appeal - trial judge's findings of fact - failure to refer to some medical evidence - medical evidence depended on credit of plaintiff - finding strongly adverse to credit - implied judgment as to reliability of medical evidence - whether failure to consider evidence.
Evidence - admissibility - prior conduct - denied in cross-examination - relevant to credit at trial and in histories given to medical practitioners - evidence to rebut denial of conduct - whether proposal to stage fake accident constituted prior inconsistent statement - history and rationale of rule against evidence on collateral matters - whether rule or guide - role of trial judge - practical judgment.
A.A.S. Zuckerman - The Principles of Criminal Evidence - Clarendon (1989)
Cross on Evidence 4th Australian Edition
3A Wigmore, Evidence S.1003 (Chadbourne Rev. 1970)
Ligertwood - Australian Evidence Butterworths (1988)
Australian Law Reform Commission - Interim Report 26 - Evidence Vol. 1 para 409
Australian Law Reform Commission - Report 38 - Evidence para 180(c)
Evidence Ordinance 1971 (ACT) s.61
Whitbread's Trial (1679) 7 How St Tr 311
Earl of Castlemaine's Trial (1680) 7 How St Tr 1067
Harris v Tippett (1811) 2 Camp 637; 170 ER 1277
R. v Busby (1982) 75 Cr App R 79
R. v Funderburk (1990) 2 All ER 482
Collaton v Correll (1926) SASR 87
R v Burke (1858) 8 Cox CC 44
HEARING
CANBERRA
#DATE 11:10:1991
Counsel for the Applicant: Mr I. Curlewis QC with Mr Crowe
Solicitors for the Applicant: Legal Aid Office (ACT)
Counsel for the Respondent: Mr Poulos QC with Mr S. White
Solicitors for the Respondent: Abbott Tout Russell Kennedy
ORDER
The appeal is dismissed.
The appellant pay the respondent's costs of the appeal.
Note: Settlement and entry of Orders is dealt with in Order 36 of the Federal Court Rules.
JUDGE1
Mary Natta was born in Greece on 2 July 1952. She migrated to Australia in 1969 at age 16. She has been involved in three traffic accidents, the first on 16 April 1975, the second on 7 June 1984 and the third on 6 September 1987. In September 1978 she was awarded judgment in the sum of $111,000 in respect of injuries sustained in the 1975 accident. The 1984 and 1987 accidents each involved a collision between a vehicle driven by her and another…
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- AGLC
- Natta, M. v. Canham, E.M. [1991] FCA 712 (104 ALR 143; (1991) 32 FCR 282)
- Case
- [1991] FCA 712
- Decision Date
CaseChat Overview and Summary
The central legal issue in this appeal was whether the trial judge's failure to refer to certain medical evidence constituted a significant error that affected the outcome of the case. Specifically, the appellant contended that the trial judge did not adequately consider the medical evidence that was critical to establishing the nature and extent of her injuries, which in turn impacted the assessment of damages. The court had to determine if this omission amounted to a failure to properly consider material evidence, and if so, whether this warranted a new trial.
The court examined the trial judge's reasons and found that, while the judge did not expressly refer to the contested medical evidence, the overall findings of fact and the weight given to other evidence implicitly took into account the reliability and relevance of the appellant's medical reports. The court held that the trial judge's implicit judgment on the credit of the medical evidence was sufficient, and that the omission did not lead to a miscarriage of justice. Consequently, the appeal was dismissed, and the appellant was ordered to pay the respondent's costs of the appeal. The matter of settlement and entry of orders was addressed pursuant to Order 36 of the Federal Court Rules.
Orders
Orders of the court
The appeal is dismissed.
The appellant pay the respondent's costs of the appeal.
Note: Settlement and entry of Orders is dealt with in Order 36 of the Federal Court Rules.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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